Planning and Development Act 2024
|
Recovery by planning authority of compensation subsequent to development | ||
|
474. (1) No person shall carry out any development to which this section applies in the maritime area, in respect of which a statement (in this section referred to as the “compensation statement”) stands registered (whether under section 72 of the Act of 1963, section 9 of the Act of 1990, section 188 of the Act of 2000 or section 473 ) until that amount, as is recoverable under this section in respect of the compensation specified in the compensation statement, has been paid or secured to the satisfaction of the planning authority or Maritime Area Regulatory Authority, as appropriate. | ||
(2) This section applies to any development (other than exempted development), except that— | ||
(a) this section shall not apply to any development by virtue of a permission to develop a maritime site granted subject to one or more than one condition other than a condition of a class or description set out in Part 2 of Schedule 5 , and | ||
(b) in a case where the compensation specified in the statement became payable in respect of the imposition of one or more than one condition on the granting of permission to develop a maritime site, this section shall not apply to the development for which that permission was granted. | ||
(3) Subject to subsection (4), the amount recoverable under this section in respect of the compensation specified in a compensation statement— | ||
(a) if the maritime site on which the development is to be carried out (in this section referred to as the “development area”) is identical with, or includes (with other maritime sites), the whole of the maritime sites comprised in the compensation statement, shall be the amount of compensation specified in that statement, or | ||
(b) if the development area forms part of the maritime sites comprised in the compensation statement, or includes part of those sites together with other maritime sites not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to the maritime sites comprised in that statement and falling within the development area. | ||
(4) The attribution of compensation under paragraph (b) of subsection (3) shall be in accordance with the following— | ||
(a) the planning authority or Maritime Area Regulatory Authority, as appropriate, shall (if it appears to it to be practicable to do so) apportion the amount of the compensation between the different parts of the maritime site, according to the way in which those parts appear to it to be differently affected by the refusal of permission or grant of permission subject to one or more than one condition, | ||
(b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the maritime site to which the statement relates, | ||
(c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment, as between the different parts of the maritime site by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the maritime site shall be treated as distributed rateably according to area over that part of the maritime site, and | ||
(d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act 1960 . | ||
(5) Where, in connection with the development of any maritime site, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, no amount shall be recoverable, in so far as it is attributable to that maritime site, in connection with any subsequent development thereof. | ||
(6) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority or the Maritime Area Regulatory Authority, as appropriate, and— | ||
(a) shall be so payable, either as a single capital payment or as a series of instalments of capital and interest combined (the interest being determined at the same rate as for a judgment debt), or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority or the Maritime Area Regulatory Authority, as the case may be, may direct, after taking into account any representations made by the person by whom the development is to be carried out, and | ||
(b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage loan, covenant or otherwise) as the planning authority or the Maritime Area Regulatory Authority, as the case may be, may direct. | ||
(7) If any person initiates any development to which this section applies in contravention of subsection (1), the planning authority or the Maritime Area Regulatory Authority, as appropriate, may serve a notice upon him or her specifying the amount appearing to it to be the amount recoverable under this section in respect of the compensation in question and requiring him or her to pay that amount to the planning authority or the Maritime Area Regulatory Authority, as the case may be, within such period, not being less than 12 weeks after the service of the notice, as may be specified in the notice, and, in default of the amount being paid to the planning authority or the Maritime Area Regulatory Authority, as the case may be, within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction. |